Teachers Service Commission (TSC) has been ordered to re-advertise the position of chief executive officer after the High Court found that the initial recruitment process gave applicants insufficient time to apply and failed to disclose the remuneration attached to the post.
Justice Dorah Chepkwony, sitting in Kiambu, ruled that the recruitment process started on May 6, 2025 violated both the Constitution and the commission’s Human Resource Policies and Procedures Manual by giving applicants only 13 days to submit their applications and omitting salary details. The process was suspended in February, pending the determination of the petition.
The court noted that the manual requires applicants to be given a minimum of 14 days and that job advertisements must indicate the position, number of vacancies, job specifications and proposed remuneration.
“A recruitment window shortened below the recruiting body’s own published minimum, without explanation or justification tendered in these proceedings, is not a mere irregularity of form; it is a substantive curtailment of the opportunity of otherwise qualified members of the public, including all serving teachers directly regulated by the 1st respondent, to compete for the office on equal and fair terms,” Justice Chepkwony said.
The judge also found that the advertisement failed to comply with the commission’s own guidelines by stating only that remuneration would be determined in accordance with the Salaries and Remuneration Commission (SRC) guidelines.
“Neither the 14 days minimum nor the requirement to disclose proposed remuneration was observed,” the judge said.
However, the court declined to invalidate Section 16(2)(b) and (c) of the TSC Act, which limits eligibility for the CEO position to holders of a degree in Education and requires at least 10 years of experience, five of them in a senior management position.
Justice Chepkwony held that the experience requirement is consistent with the academic qualification requirement and serves a legitimate purpose.
According to the court, the provision ensures that the office is occupied not merely by a person with academic credentials in education but by one with substantial experience in managing and administering the sector regulated by the commission.
“For these reasons, the petitioner’s and Interested parties’ challenge to the constitutionality of section 16(2)(b) and (c) of the Teachers Service Commission Act fails,” the judge said.
The case was filed by Kiambu resident Simon Kariu Kimaita, who sought to stop the recruitment process and have the qualification requirements declared unconstitutional.
Mr Kimaita argued that the academic and professional criteria were irrational, unreasonable and deliberately designed to favour teachers and internal candidates at the expense of other qualified professionals.
He contended that the framework unfairly excludes professionals from disciplines such as finance, governance, law and human resource management, contrary to Article 27 of the Constitution on equality and freedom from discrimination.
According to the petitioner, there is no rational connection between the functions of the CEO and the requirement that applicants hold a degree in education.
He further argued that the advertisement sought candidates with experience in public administration, human resource management and financial management while simultaneously insisting on a teaching qualification, making the recruitment process unreasonable and unconstitutional.
Mr Kimaita maintained that the functions assigned to the CEO under Section 16(6) of the Act are primarily administrative, financial, managerial and governance-oriented and do not inherently require a degree in education.
“The blanket requirement of ten (10) years’ experience is discriminatory against younger qualified professionals and violates Article 55(c) of the Constitution, which obligates the State to promote youth access to employment,” he said.
